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  • Commentaries
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New York Case Commentaries

Invalid Mortgage Acceleration in Prior Foreclosure Action Cannot Estop Debtor under CPLR 213(4)

Invalid Mortgage Acceleration in Prior Foreclosure Action Cannot Estop Debtor under CPLR 213(4)

Date: Apr 17, 2025
Invalid Mortgage Acceleration in Prior Foreclosure Action Cannot Estop Debtor under CPLR 213(4) Introduction Case: U.S. Bank Trust, N.A. v. Gruen, 2025 NYSlipOp 02235 Court: Appellate Division,...
Strict Enforcement of Attorney Trust Account Obligations: Suspension for Misappropriation and Recordkeeping Failures – Matter of Mangal (2025)

Strict Enforcement of Attorney Trust Account Obligations: Suspension for Misappropriation and Recordkeeping Failures – Matter of Mangal (2025)

Date: Apr 17, 2025
Strict Enforcement of Attorney Trust Account Obligations: Suspension for Misappropriation and Recordkeeping Failures Introduction The Appellate Division, Second Department, in Matter of Mangal (2025...
Mandatory Disbarment upon Conviction of Serious Crime Involving Dishonesty: Matter of Higginbotham

Mandatory Disbarment upon Conviction of Serious Crime Involving Dishonesty: Matter of Higginbotham

Date: Apr 17, 2025
Mandatory Disbarment upon Conviction of Serious Crime Involving Dishonesty: Matter of Higginbotham Introduction In Matter of Higginbotham, 2025 NY Slip Op 02203, the Appellate Division, Second...
Insurer’s Right to Subrogation Under the Dram Shop Act

Insurer’s Right to Subrogation Under the Dram Shop Act

Date: Apr 17, 2025
Insurer’s Right to Subrogation Under the Dram Shop Act Introduction Drive New Jersey Insurance Company v. RT Hospitality Group, LLC, 2025 NYSlipOp 02188 (App. Div. 2d Dep’t Apr. 16, 2025) represents...
Cianciulli v. Urban Foundation/Engineering, LLC: Clarifying Subcontractor Liability and Indemnification under New York Labor Law

Cianciulli v. Urban Foundation/Engineering, LLC: Clarifying Subcontractor Liability and Indemnification under New York Labor Law

Date: Apr 17, 2025
Cianciulli v. Urban Foundation/Engineering, LLC: Clarifying Subcontractor Liability and Indemnification under New York Labor Law Introduction In Cianciulli v. Urban Foundation/Engineering, LLC (2025...
Easement by Necessity vs. Prescription: CPLR 3211(a) and the Limits of Preexisting Licenses

Easement by Necessity vs. Prescription: CPLR 3211(a) and the Limits of Preexisting Licenses

Date: Apr 17, 2025
Easement by Necessity vs. Prescription: CPLR 3211(a) and the Limits of Preexisting Licenses Introduction In 572 Walt Whitman Rd. Holdings, LLC v. Whitman Capital, LLC, 2025 NYSlipOp 02179 (App. Div....
Clarified Standards for Summary Judgment in Lieu of Complaint under CPLR 3213: Burden of Proof on Interest Payments and Documentary Evidence Requirements

Clarified Standards for Summary Judgment in Lieu of Complaint under CPLR 3213: Burden of Proof on Interest Payments and Documentary Evidence Requirements

Date: Apr 17, 2025
Clarified Standards for Summary Judgment in Lieu of Complaint under CPLR 3213: Burden of Proof on Interest Payments and Documentary Evidence Requirements Introduction In Patel v. Edmund (2025...
Insurer’s Right to Deny Defense and Indemnification Absent “Grave Injury” under WCL §11(1)

Insurer’s Right to Deny Defense and Indemnification Absent “Grave Injury” under WCL §11(1)

Date: Apr 17, 2025
Insurer’s Right to Deny Defense and Indemnification Absent “Grave Injury” under WCL §11(1) 1. Introduction This commentary examines the Appellate Division, Second Department’s decision in NGM...
Discretion in Allocating Assessment Stabilization Reserve Funds: Town of Riverhead v. County of Suffolk

Discretion in Allocating Assessment Stabilization Reserve Funds: Town of Riverhead v. County of Suffolk

Date: Apr 17, 2025
Discretion in Allocating Assessment Stabilization Reserve Funds: Town of Riverhead v. County of Suffolk Introduction In Matter of Town of Riverhead v. County of Suffolk, 2025 NYSlipOp 02209 (2nd...
Fox v. State: Enforcing Strict Jurisdictional Requirements under Court of Claims Act §11(b) and Discretionary Limits on Late Claims

Fox v. State: Enforcing Strict Jurisdictional Requirements under Court of Claims Act §11(b) and Discretionary Limits on Late Claims

Date: Apr 17, 2025
Fox v. State of New York (2025 NYSlipOp 02190): Enforcing Strict Jurisdictional Requirements under Court of Claims Act §11(b) and Discretionary Limits on Late Claims Introduction In Fox v. State of...
Clarifying the Special Duty Requirement in Municipal Negligence: McLain v. City of New York

Clarifying the Special Duty Requirement in Municipal Negligence: McLain v. City of New York

Date: Apr 17, 2025
Clarifying the Special Duty Requirement in Municipal Negligence: McLain v. City of New York Introduction Geltzer v. City of New York (2025 NYSlipOp 02191) presents a collision of procedural and...
Scope of Primary Assumption of Risk in Sports: Limits on Unreasonably Enhanced Risks and Non-Participant Injuries

Scope of Primary Assumption of Risk in Sports: Limits on Unreasonably Enhanced Risks and Non-Participant Injuries

Date: Apr 16, 2025
Scope of Primary Assumption of Risk in Sports: Limits on Unreasonably Enhanced Risks and Non-Participant Injuries Introduction In Katleski v. Cazenovia Golf Club, Inc. (2025 NYSlipOp 02178), the New...
New Precedent: Lawful Pursuit of Fleeing Suspects from Level Three Stops (People v. Cleveland)

New Precedent: Lawful Pursuit of Fleeing Suspects from Level Three Stops (People v. Cleveland)

Date: Apr 16, 2025
New Precedent: Lawful Pursuit of Fleeing Suspects from Level Three Stops (People v. Cleveland) Introduction In People v. Cleveland (2025 NYSlipOp 02144), the New York Court of Appeals clarified when...
Limits on Primary Assumption of Risk: Municipal Liability for Negligent Maintenance of Recreational Premises

Limits on Primary Assumption of Risk: Municipal Liability for Negligent Maintenance of Recreational Premises

Date: Apr 16, 2025
Limits on Primary Assumption of Risk: Municipal Liability for Negligent Maintenance of Recreational Premises Introduction Maharaj v. City of New York, 2025 NY Slip Op 02143, decided April 15, 2025 by...
Superseding Cause Doctrine in Premises Liability: Intentional Intervening Acts Exonerate Property Owners

Superseding Cause Doctrine in Premises Liability: Intentional Intervening Acts Exonerate Property Owners

Date: Apr 11, 2025
Superseding Cause Doctrine in Premises Liability: Intentional Intervening Acts Exonerate Property Owners Introduction The case of Gignak v. Bruno, decided on April 10, 2025 by the Appellate Division...
Requirement of Detailed Justification for FOIL Trade Secret Exemptions

Requirement of Detailed Justification for FOIL Trade Secret Exemptions

Date: Apr 11, 2025
Requirement of Detailed Justification for FOIL Trade Secret Exemptions Introduction Matter of Standardbred Owners Assn., Inc. v. New York State Gaming Commission, 2025 NYSlipOp 02123 (App. Div. 3d...
Independent Enforcement of Cash Management Provisions Not Barred by RPAPL 1301(3)

Independent Enforcement of Cash Management Provisions Not Barred by RPAPL 1301(3)

Date: Apr 11, 2025
Independent Enforcement of Cash Management Provisions Not Barred by RPAPL 1301(3) Introduction U.S. Bank N.A. v. MAve Hotel Investors LLC (2025 NYSlipOp 02140) clarifies that a lender may bring a...
Employers Cannot Recoup GML §207-a(2) Payments through WCL §§25(4)(a) and 30(2): Matter of Schulze v. City of Newburgh Fire Department

Employers Cannot Recoup GML §207-a(2) Payments through WCL §§25(4)(a) and 30(2): Matter of Schulze v. City of Newburgh Fire Department

Date: Apr 11, 2025
Employers Cannot Recoup GML §207-a(2) Payments through WCL §§25(4)(a) and 30(2): Matter of Schulze v. City of Newburgh Fire Department Introduction Matter of Schulze v. City of Newburgh Fire...
Clarifying the Policy-Influencing Intent Requirement Under New York’s Crime of Terrorism Statute

Clarifying the Policy-Influencing Intent Requirement Under New York’s Crime of Terrorism Statute

Date: Apr 11, 2025
Clarifying the Policy-Influencing Intent Requirement Under New York’s Crime of Terrorism Statute 1. Introduction People v. Parker, 2025 NY Slip Op 02108 (App. Div. 3d Dep’t Apr. 10, 2025), arises...
Clarification of Pre-Suit Notice as Condition Precedent in RMBS Repurchase Obligations

Clarification of Pre-Suit Notice as Condition Precedent in RMBS Repurchase Obligations

Date: Apr 11, 2025
Clarification of Pre-Suit Notice as Condition Precedent in RMBS Repurchase Obligations Introduction U.S. Bank N.A. v. DLJ Mortgage Capital, Inc. (2025 NYSlipOp 02139) arises out of two substantially...
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